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Browsing AEL Working Papers by Type "Working Paper"
Now showing items 21-35 of 35
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Title: Obligations of States to Prosecute Employees of Private Military and Security Companies for Serious Human Rights Violations Author(s): BAKKER, Christine Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Both in conflict and post-conflict situations, states increasingly rely on private military and security companies (PMSCs) to perform tasks which used to be carried out by their Military. Practice shows that employees of ... -
Title: Private Military and Security Companies: Positive Human Rights Obligations of the Host State Author(s): BAKKER, Christine Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: This paper examines the positive human rights obligations of states on whose territory private military and security companies (PMSCs) operate. It considers the obligations to prevent human rights violations; the obligations ...
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Title: The Responsibility of the PMSC’s Home State for Human Rights Violations Arising from the Export of Private Military and Security Services Author(s): FRANCIONI, Francesco Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Departing from the contemporary trend favourable to the re-conceptualisation of human rights in terms of obligations of non state actors, this paper argues that and effective compliance with international human right ...
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Title: Human Rights Violations by Private Persons and Entities: The Case-Law of International Human Rights Courts and Monitoring Bodies Author(s): ZIEMELE, Ineta Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The article sums up the state of international human rights law as concerns the issue of responsibility for human rights violations allegedly carried out by private persons and entities. It employs four main legal concepts: ...
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Title: The Role of Human Rights in the Regulation of Private Military and Security Companies General Report Universal and Regional Systems: Latin America, Africa and Asia Author(s): FRANCIONI, Francesco; LENZERINI, Federico Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Private Military and Security Companies (PMSCs) usually provide specialized expertise or services of a military or police nature, particularly high-tech intelligence, military training and support as well as surveillance ...
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Title: Immunity versus Accountability for Private Military and Security Companies and their Employees: Legal Hurdles or Political Snags? Author(s): FRULLI, Micaela Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The aim of this paper is to analyze to what extent different kind of immunities may bar legal proceedings instituted against PMSCs and their employees. The first part of the paper is devoted to the setting of the legal ...
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Title: Codes of Conduct for PMSCs: The State of Self-Regulation in the Industry Author(s): HOPPE, Carsten; QUIRICO, Ottavio Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The present paper aims to assess the state of self-regulatory initiatives, often identified under the heading of “corporate social responsibility”, in the Private Military and Security industry. It takes into account ...
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Title: International Responsibility and Accountability of the Corporation: International Initiatives for Holding Corporations to Account and their Viability with regard to Private Military and Security Companies Author(s): MACLEOD, Sorcha; MCARDLE, Scarlett Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: While there has been much focus elsewhere on PMSC-specific regulatory projects, as business actors, there is no reason to suggest that PMSCs are, or indeed ought to be, excluded from the scope of broader Corporate Social ...
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Title: Human Rights and International Humanitarian Law in the Common Security and Defence Policy: Legal Framework and Perspectives for PMSC Regulation Author(s): FALCO, Valentina Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The actual and potential role of private military and security companies (PMSCs) within the European Union’s crisis-management operations make it crucial to clarify the legal framework in which their personnel must operate. ...
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Title: Challenging the EU Counter-terrorism Measures through the Courts Author(s): CREMONA, Marise; FRANCIONI, Francesco; POLI, Sara Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: This collection of papers examines the implications of the European Court of Justice’s approach to UN-related counter-terrorism measures against individuals (so-called ‘smart sanctions’), as expressed by its ruling in Case ...
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Title: Members of Private Military companies and/as Unlawful Combatants? Author(s): BILKOVA, Veronika Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The recent changes in the physiognomy of the battlefield have provoked intense discussions about the role and legal status of private military and security companies (PMSCs) and the relationship between them and some ...
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Title: Women’s Rights: The Potential Impact of Private Military and Security Companies Author(s): VRDOLJAK, Ana Filipa Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Armed conflict and occupation are by definition necessarily violent for all participants, be they civilians or combatants. However, for women it heralds an exacerbation in existing violence, discrimination and inequalities. ...
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Title: Positive Human Rights Obligations of the Hiring State in Connection with the Provision of Coercive Services by a PMSC Author(s): HOPPE, Carsten Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The present paper addresses the positive human rights obligations of a hiring state with respect to violations of human rights by Private Military or Security Companies (PMSCs / contractors) that it employs, which arise ...
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Title: Children’s Rights: The Potential Impact of Private Military and Security Companies Author(s): BAKKER, Christine; GREIJER, Susanna Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: This paper examines the potential risks that the use of PMSCs in a conflict or post-conflict situation poses for children, considering the existing norms for the protection of children’s rights at the international and EU ...
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Title: Institutional Responsibility for Private Military and Security Contractors Author(s): WHITE, Nigel D. Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: This paper analyses issues of legal responsibility arising from the discernible trend among international organizations, including regional organizations, to use the services of Private Military and Security Contractors ...
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